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(영문) 울산지방법원 2016.07.22 2015고단3319
공장및광업재단저당법위반
Text

Defendant shall be punished by a fine of three million won.

When the defendant does not pay a fine, 10,000 won shall be converted into one day.

Reasons

Punishment of the crime

The defendants shall be co-defendants before separation of pleadings, Co., Ltd. E in Ulsan-gu, Ulsan-gu.

A decision to dismiss the prosecution against the defendant was made after the prosecution was revoked.

was the representative director of the Commission.

The owner of a factory or a mining right holder shall not transfer a factory foundation or a movable constituting a mining foundation which has become the object of a mortgage or deliver it to a third party for the purpose of establishing a pledge right.

On September 20, 2010, the Defendant obtained a loan of KRW 500 million in the name of the company E, and created a mortgage by setting the amount of KRW 1,00,000 on the instant machinery, such as C-350 E, the company’s possession (Toshibb, Mar. 3, 1996), one string (Toshibbb, Nov. 1, 1991), one string (Tosbbbb, 1993) in the upper bed, two upper bed in the upper bed, two upper bed, the upper bed, and one rob, etc., with the maximum amount of KRW 600,000,000,000,000 for the victim of the mortgage.

On March 31, 2011, the machinery of this case was added to the object of the right to collateral security which was previously established by the contract to alter the right to collateral security.

Nevertheless, on November 20, 2014, the Defendant concealed the instant machinery that became the object of the victim’s rights, and obstructed the exercise of the victim’s rights.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police with regard to F;

1. The written statement of the defendant;

1. Application of Acts and subordinate statutes to a contract for modification of collateral security, a whole certificate of registered matters, a contract for establishment of collateral security, a factory and mining foundation mortgage pursuant to Article 6 of the Mortgage Act

1. Relevant Article 323 of the Criminal Act concerning the facts constituting an offense and Article 323 of the Selection of Punishment Act;

1. The reason for sentencing of Articles 70(1) and 69(2) of the Criminal Act with the detention of the workhouse is not only the object of the right to collateral security, but also the instant machinery installed on land or building while establishing the right to collateral security on a factory land and building of the stock company E.

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